Md. Code Ann., State Pers. & Pens. § 26-403
Reemployment of retirees
Effective Jul 1, 2024Added by Acts 1996, c. 618, § 2, eff. July 1, 1996. Amended by Acts 2005, c. 493, § 1, eff. July 1, 2005; Acts 2011, c. 591, § 1, eff. July 1, 2011; Acts 2013, c. 479, § 1, eff. July 1, 2013; Acts 2013, c. 480, § 1, eff. July 1, 2013; Acts 2024, c. 670, § 1, eff. July 1, 2024; Acts 2024, c. 671, § 1, eff. July 1, 2024.State of Maryland
- (a) Except as provided in subsections (f) and (g) of this section, a retiree who is receiving a service retirement allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, without any reduction in retirement allowance.
- (b) A reemployed retiree who is receiving a service retirement allowance may not receive creditable service or eligibility service during the period of reemployment.
- (c) The retiree's compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.
- (d) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.
(e)
- (1) Immediately on the employment of any retiree, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the retiree.
- (2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.
(f) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:
- (1) the State or other participating employer; or
- (2) a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.
(g)
- (1) This section applies to a retiree who is elected as a sheriff less than 1 year after the retiree's date of retirement.
- (2) The Board of Trustees shall, after giving notice, temporarily suspend the retiree's allowance as of the date the retiree begins serving as a sheriff.
(3)
- (i) On receiving satisfactory documentation that the individual is no longer serving as a sheriff, the Board of Trustees shall reinstate the retiree's allowance with accumulated cost-of-living adjustments from the date the allowance was temporarily suspended.
- (ii) The retiree's allowance will be reinstated on the first day of the month following the month in which the retiree ceased serving as a sheriff.
(4) If a retiree whose allowance is temporarily suspended dies while serving as a sheriff, survivorship benefits selected by the member at the time of retirement shall be paid to:
- (i) the surviving spouse or child, in accordance with § 26-402 of this subtitle; or
- (ii) if there is no surviving spouse or child, the designated beneficiary in accordance with § 21-403 of this article.
Added by Acts 1996, c. 618, § 2, eff. July 1, 1996. Amended by Acts 2005, c. 493, § 1, eff. July 1, 2005; Acts 2011, c. 591, § 1, eff. July 1, 2011; Acts 2013, c. 479, § 1, eff. July 1, 2013; Acts 2013, c. 480, § 1, eff. July 1, 2013; Acts 2024, c. 670, § 1, eff. July 1, 2024; Acts 2024, c. 671, § 1, eff. July 1, 2024.